Warranty and Liability Musterklauseln

Warranty and Liability. Obvious defects must be reported to IMD AG in wriĠng immediately after receipt of the goods or before the first commissioning by a technician, and in the case of hidden defects immediately after their discovery. The return of goods always requires IMD AG’s prior wriflen consent. With signature of the acceptance report after the first commissioning by a technician, custo- mer approves of the goods and services in the condiĠon as recorded the- rein. For defects occurring before the first commissioning through no fault of customer, customer only has the right of recĠficaĠon or where necessary the right of delivery of replacement parts and their installaĠon, whereby IMD AG bears the cost for the recĠficaĠon and the delivery of replacement parts and the installaĠon thereof. If the recĠficaĠon or the delivery and installaĠon of replacement parts is not possible or fails, customer has the choice to reduce the compensaĠon or, if not only immaterial defects exist, to withdraw from the contract. For defects that occur after the first commissioning of ordered goods and services IMD AG grants customer a limited warranty of two years. The war- ranty is limited to the delivery of replacement parts, whereby customer has to bear the costs of delivery and installaĠon of the replacement parts. The reducĠon of the compensaĠon, the withdrawl from the contract and the rescission of the contract are expressly excluded. The warranty period for replacement parts is limited to six months. Warranty cases do not trigger a new warranty period. Defects or damage caused by improper use are not covered by the warranty. The prescribed safety inspecĠons (hereinafter STK) as well as maintenance on the delivered equipment must be carried out or commissioned at the Ġme intervals specified by IMD AG at the expense of the owner/user. Should the owner/ user not be able to prove to IMD AG upon request that he/she had the STK and maintenance carried out properly, all warranty claims against IMD AG shall lapse. Any further warranty or liability is excluded as far as legally permissible unless IMD AG, its legal representaĠves or fulfilment agents are guilty of gross negligence or intent or IMD AG culpably violates essenĠal contractual obligaĠons. Liability in the event of injury to life, limb or health as well as under the mandatory applicable liability provisions for medical devices and product liability shall remain unaffected.
Warranty and Liability. 5.1 We shall furnish no warranty whatsoever for defects caused by improper handling. If the customer or third parties whom we have not authorised make changes to the products, our liability for defects and warranted properties shall not apply, unless the customer proves that the changes did not cause the defects and do not make it extremely difficult to properly rectify the defects. 5.2 The customer shall examine incoming goods and services - as soon as they are received - for completeness, quality defects or the absence of properties assured by Proway. Proway shall be informed in writing about obvious defects as soon as the goods have been received. Hidden defects shall be notified to Proway in writing within one week after their discovery. In order to analyse problems and determine defects, the customer shall follow the instructions of Proway within reasonable bounds. No warranty shall be assumed for quantity errors or defects which are not notified promptly. 5.3 Proway shall be entitled to fulfil warranty claims asserted against it either by carrying out repairs or replacing defective parts. Prior to replacement, the customer shall remove programs (including his user programs), data, data carriers and changes to the extent required in this respect. The customer shall grant Proway the required time at reasonable discretion and the opportunity to carry out rework. A period of at least 20 working days shall be regarded as reasonable in this case. Any further warranty claims shall only accrue to the customer if the provisions of § 5.4 apply. 5.4 If rework or a subsequent delivery fails after a reasonable period of time, the customer may either request a reduction in the purchase price or cancellation of the contract. 5.5 Any further warranty claims, especially compensation claims, shall be excluded, unless they are due to intent or gross or medium negligence on the part of Proway or its agents. 5.6 In particular, Proway shall not be liable for consequential damage caused by defective goods and services. This provision shall not apply to compensation claims resulting from warranted properties, which are intended to cover the customer against the risk of consequential damage caused by defects; or to compensation claims which are enforced in accordance with the Product Liability Act. A warranted property shall only exist if Proway explicitly designates it as "warranted". 5.7 The following principle shall normally apply to compensation claims asserted by the cu...
Warranty and Liability. 6.1. NOVARTIS warrants within the meaning and scope of Section 922 of the Austrian Civil Code (ABGB) that the goods have been produced in accordance with all mandatory applicable Austrian and EU pharmaceutical laws. 6.2. The CUSTOMER shall examine the delivered goods after receipt with regard to completeness, correctness and defectiveness, in particular also in regard to the integrity of the packaging. The CUSTOMER shall object defects immediately, but at the latest within 10 days after receipt of the goods or recognisability of hidden defects in writing with a precise description of the defects. If the CUSTOMER has not notified any defects within this time limit, the delivery shall be deemed to be approved and all claims, e.g. warranty, avoidance on account of mistake or compensation, shall thereby be inapplicable. This also applies in respect of wrong deliveries or deviations in the quantity delivered. 6.3. Rechtzeitig gerügte, berechtigte Mängel wird NOVARTIS nach eigener Entscheidung und freier Xxxx des Rechtsbehelfs beseitigen. Der KUNDE hat die Kosten für eine etwaige Rücksendung der Ware zur Verbesserung bzw. zum Austausch zu tragen. Die Erhebung einer Mängelrüge entbindet den KUNDEN nicht von seiner Pflicht zu rechtzeitigen Kaufpreiszahlung. 6.4. Jedenfalls ist ein wie immer gearteter Schadenersatz oder sonstiger Anspruch gegen NOVARTIS mit dem Rechnungswert der beanstandeten Ware begrenzt. 6.5. Der KUNDE hat alle anwendbaren rechtlichen Regelungen (insbesondere gesundheits- und patentrechtliche Regelungen) jenes Staates einzuhalten, in dem die gelieferten Waren kommerziell genutzt werden oder dessen Territorium vom Transport der gelieferten Waren betroffen ist. NOVARTIS übernimmt dafür keine Haftung. Dies gilt auch für Patentverletzungen oder sonstige Verletzungen von Immaterialgüterrechten. 6.6. In jedem Fall ist die Haftung von NOVARTIS, soweit gesetzlich zulässig, auf Fälle grober Fahrlässigkeit sowie Vorsatz beschränkt. Eine Haftung von NOVARTIS für entgangenen Gewinn, indirekte oder beiläufige Schäden sowie Mangelfolgeschäden und Regressforderungen nach dem Produkthaftungsgesetz ist in jedem Fall ausgeschlossen. 6.7. Der KUNDE hat das Vorliegen von Vorsatz oder grober Fahrlässigkeit zu beweisen und Schadenersatzansprüche innerhalb von sechs Monaten ab Kenntnis von Schaden und Schädiger, spätestens aber innerhalb von fünf Jahren ab Gefahrenübergang geltend zu machen. 6.3. Justified defects notified in due time will be remedied by NOVARTIS at i...
Warranty and Liability. 8.1 Supplier warrants that the products are free of defects as regards to quality, quantity, and title of any kind, as well as intellectual property (IP) rights, and that the products fully comply with the provisions explicitly set out in the contract, both at the date of delivery and throughout the warranty period. Furthermore, products must meet the customary characteristics, particularly the specifically set out properties, and meet all requirements as agreed in Clause 3 of these GTCP, excluding normal wear and tear and damage caused through improper / incorrect use by JCT. Declarations by Supplier, which limit his liability, are invalid. 8.2 Warranty shall be subject to a period of 24 (twenty-four) months from delivery for movable items, and 36 (thirty-six) months from delivery for immovable items. For latent defects and defects in title, the warranty period shall commence not earlier than from the time they are noticed. Improvement or replacement shall let commence the warranty period anew from delivery for the improved / replaced products, or, where the defect considerably affects the whole delivery, for all products of the same transaction. 8.3 Supplier shall remedy defects arising during the warranty period free of charge and with shipment from/to the place of performance within a short but reasonable period of time not exceeding 15 (fifteen) days at JCT’s choice, either by improvement or replacement. Can improvement or replacement not be effected sufficiently, or within this period of time, JCT may decide to improve / replace on its own or with the aid of a third person against reimbursement of the costs incurred by Supplier, or to withdraw from the contract where the defect considerably affects the usability of the products. Any other rights to which JCT may be entitled shall remain unaffected hereby. 8.4 Specifications concerning material, function, features, configuration and / or application of the products are considered explicitly guaranteed. 8.5 Supplier shall face the burden of proving non-existence of a defect arising during the warranty period. JCT shall have no duty to inspect products or object to products at the time of delivery or any time thereafter. Accordingly, the provisions of Clauses 377 ff of the Austrian Commercial Code / UGB shall not apply and Supplier waives the plea of late notice of defects. 8.6 JCT shall be entitled to withhold payments on the ground of complaints. 8.7 The supplier undertakes to maintain a product liabi...
Warranty and Liability. 4.1 Ta2eda Austria will warrant the goods’ fitness Ior a particular purpose or usability only iI Ta2eda Austria has assured such a fitness or usability in writing. 4.2 II deIects were properly and rightIully notified, Ta2eda Austria reserves the right, at its election, either to grant a reasonable price reduction or to rectify the defects or to deliver replacement goods or to take back the defective goods against reimbursement of the purchase price. The customer shall have to prove that the goods were defective already upon delivery throughout the entire term of the warranty period. 4.3 All claims of whatever nature the customer may have against Takeda Austria in connection with the relevant transaction, in particular damage claims as well as product liability and recourse claims, if any, shall be excluded to the extent permitted by law, except in case of Takeda Austria’s intent or gross negligence. Irrespective oI the degree oI Iault, any liability oI Ta2eda Austria Ior lost profits shall, in any event, be excluded to the extent permitted by law. Any claims of the customer which are not excluded or which cannot be excluded by law shall not exceed the purchase price of the relevant goods to the extent permitted by law. 4.4 The customer shall assign to his own customers, if any, all restrictions of Takeda Austria’s liability to ensure that our restricted liability is applicable up to the end consumer.
Warranty and Liability. 4.1 Takeda Austria will warrant the goods’ fitness for a particular purpose or usability only if Takeda Austria has assured such a fitness or usability in writing. 4.2 If defects were properly and rightfully notified, Takeda Austria reserves the right, at its election, either to grant a reasonable price reduction or to rectify the defects or to deliver replacement goods or to take back the defective goods against reimbursement of the purchase price. The customer shall have to prove that the goods were defective already upon delivery throughout the entire term of the warranty period. 4.3 All claims of whatever nature the customer may have against Takeda Austria in connection with the relevant transaction, in particular damage claims as well as product liability and recourse claims, if any, shall be excluded to the extent permitted by law, except in case of Takeda Austria’s intent or gross negligence. Irrespective of the degree of fault, any liability of Takeda Austria for lost profits shall, in any event, be excluded to the extent permitted by law. Any claims of the customer which are not excluded or which cannot be excluded by law shall not exceed the purchase price of the relevant goods to the extent permitted by law. 4.4 The customer shall assign to his own customers, if any, all restrictions of Takeda Austria’s liability to ensure that our restricted liability is applicable up to the end consumer.
Warranty and Liability. 5.1 Should GeneWerk fail to perform the service for which it is responsible in full or as owed, the contracting party may only request damages instead of the performance if he has unsuccessfully set a reasonable deadline for the performance clearly stating that he will refuse to accept the performance after this deadline has expired.
Warranty and Liability. 6.1 If a defect should become apparent before completion of the works, Arcadis may set an appropriate deadline for the remediation of the defect. Upon expiry of the deadline, Ar- cadis shall be entitled to adjust the remunera- tion due (reduction), rescind the contract (withdrawal) or claim compensation or ex- penses in lieu thereof without fixing any addi- tional deadline for remediation. 6.2 The rights of Arcadis to claim damages with- out fixing a time limit for supplementary per- formance according to any legal regulations shall remain unaffected. Arcadis is entitled to claim damages as soon as it is obvious that the conditions required to incur the damages have already occurred even if this is before the deadline for providing the services has expired. 6.3 Arcadis’s entitlements regarding correction of services and compensation for cost and dam- ages caused by defects shall expire two months later than the legally stipulated period to allow time for processing. 6.4 The expiry date for damage claims according to 6.3 shall start with the formal acceptance of the finished service as commissioned; the lim- itation period shall be interrupted by written notice to remove the contested defects. 6.5 Der Auftragnehmer ist verpflichtet, eine ange- messene Haftpflichtversicherung für Perso- nen-, Sach- und Vermögensschäden abzu- schließen. Diese Haftpflichtversicherung ist vom Auftragnehmer spätestens bei Auf- tragserteilung nachzuweisen. 6.6 Der Auftragnehmer stellt Arcadis von allen Schadensersatzansprüchen Dritter frei, die gegen ihn oder seine Erfüllungs- oder Verrich- tungsgehilfen geltend gemacht werden. 6.7 Arcadis ist berechtigt, ein ihr zustehendes Zu- rückbehaltungsrecht auszuüben und gegen Forderungen des Auftragnehmers aufzurech- nen.
Warranty and Liability. 6.1 SANDOZ warrants within the meaning and scope of Section 922 of the Austrian Civil Code (ABGB) that the merchandize has been produced in accordance with all mandatory applicable Austrian and EU pharmaceutical laws, and is in conformity with the typical characteristics of the merchandize. 6.2 CUSTOMER may object evident and open defects within 10 days after receipt of products and hidden defects within 10 days after detection. In case of justified claims for defects SANDOZ shall compensate at its option in kind (restitution in kind) or cash. 6.3 In no event shall claims (including claims for warranties) against SANDOZ exceed the invoiced value of the merchandize in question. 6.4 Unless expressly agreed in writing the CUSTOMER shall observe all applicable laws in the country of destination of the merchandize or whose territory is affected by the transport of the delivered merchandize, especially with respect to public health registrations and patents. SANDOZ will not assume any liability in this respect unless it so agreed expressly in writing. The same applies for patent infringements or any other intellectual property rights which may be caused by the transport. 6.5 In any event, as far as permitted under mandatory law, the liability whatsoever of SANDOZ shall be limited to gross negligence and intention. Any liability of SANDOZ for loss of profits, indirect, incidental or consequential damages shall be excluded.
Warranty and Liability. 7.1 Manufacturer hereby warrants, for the duration of 24 months starting with the delivery of the Products to Purchaser, that they are free from defects in construction, manufacture and material and that they correspond to specifically assured features. 7.2 Purchaser shall not make any other or additional warranty or representation to his sub distributors and/or customers with respect to the Products. 7.3 Purchaser shall notify Manufacturer promptly of any defect. Such notice shall be given to Manufacturer in writing and in no event later than 8 days after Purchaser obtains knowledge of such defect. The notice must contain a detailed description of the defect. 7.4 In case of any defect of the Product, Manufacturer will at its sole discretion repair or replace the Product. The warranty period for replaced or repaired Products is 6 months. However, it will not exceed a period of 6 months after expiration of the original warranty period according 7.1. 7.5 Not covered by the warranty obligation are damages caused by the usual wear, insufficient maintenance, incorrect treatment of the products, the use of unsuitable cleaning material, damages caused by chemical and electrolytic influences or damages caused by other reasons, for which the Manufacturer is not liable. Furthermore, warranty is excluded, if Purchaser without the prior written consent of Manufacturer, has modified or repaired the Product or if Purchaser did not take any reasonable action to prevent a damage caused by a defective Product or give the Manufacturer the opportunity to repair the defective Product. 7.6 Any other remedies, such as Purchaser’s right to claim a reduction of the purchase price and to rescind the contract are here-by expressly excluded. 7.7 Manufacturer shall not be liable for loss of profit, loss of revenue, loss of goodwill or loss of anticipated savings or for indirect or consequential damages. Furthermore, Manufacturers maximum aggregate liability for any claim shall not exceed the purchase price unless otherwise agreed in writing. A higher liability limit guaranteed in writing in individual cases as well as the legal limits of an exclusion of liability or a limitation of liability remain reserved.